The Delhi High Court has held that two foreign nationals may seek registration of their marriage under Chapter III of the Special Marriage Act, 1954, without either spouse being an Indian citizen.
A division bench found that Delhi’s amended guidelines expressly exempt marriages between two foreign nationals from the usual citizenship condition. Applicants must still satisfy the remaining safeguards, including valid visas, current-residence proof, affidavits and the statutory 30-day residence requirement that establishes the Marriage Officer’s territorial jurisdiction.
The court declined a Swedish citizen’s challenge to conditions governing registration under the Hindu Marriage Act because she had not proved that her husband had converted to Hinduism. An Arya Samaj certificate recording Hindu rites was insufficient by itself.
The authorities were directed to consider upgrading the online portal so passports and OCI cards can replace Aadhaar authentication. They must also permit the petitioner to appear by video conference where the law allows.